New Law on Overdraft Bank Fees

The Federal Reserve System - also called the Federalresponse to a general sense of anger and frustration
Reserve or the Fed - is the central banking system ofamong consumers over what some believe are unfair
the United States. It has a number of unique powersor even predatory overdraft fee policies instituted by
and abilities, including being the only governmental bodymost major banks.
to print and distribute U.S. paper currency intoWhat the New Rule Requires
circulation.Officially called Regulation E: Electronic Fund Transfers,
Originally founded in 1910 as a way to provide athe new Fed rule sets forth the following requirements
system of checks and balances in the financial systemof banks:
and to prevent runs on banks, its roles and1. Requires that new bank customers be given the
responsibilities have evolved over the years. In itsopportunity to opt-in (actively elect) to overdraft
current form, the Fed has the ability to influenceprotection programs that allow ATM withdrawals and
monetary and credit conditions, regulate bankingdebit charges to be made, even when the account is
institutions, and provide financial services to depositoryat a zero balance. (Previously, most programs had
institutions.been opt-out).
As an institution that has the ability to regulate banks,2. The final rule prohibits banks from discriminating
the Fed has been paying attention to legislative andagainst customers who do not opt in to an overdraft
consumer demands regarding banks' overdraft feeprotection program.
policies. In this capacity, many people have been3. Consumer who do not opt in will still be guaranteed
wondering about the new law on overdraft bank fees.access to the same account terms, conditions,
In reality, it is technically a new rule rather than a newfeatures and pricing as customers who do opt in.
law. But, in every other way it is just as binding as aOf course, even with the new rule in place, banks will
law, since banks are required to comply to thestill continue to make billions of dollars per year in
regulations set out by the Fed.overdraft fees off of consumers. The only solution for
A Response to Rising Anger about Overdraft Feescustomers to avoid these fees altogether is to switch
The new rule was announced on November 12, 2009,to banks that do not charge overdraft fees - even if
but it goes into effect on July 1, 2010. It was created inan account is overdrawn.